Answer Article 1 According to the Trademark Law of the People’s Republic of China (hereinafter referred to as the Trademark Law) and the Implementing Regulations of the Trademark Law of the People’s Republic of China (hereinafter referred to as the Implementing Regulations), Establish this provision. Article 2 Well-known trademarks in these regulations refer to trademarks that are widely known to the relevant public in China and enjoy a high reputation. The relevant public includes consumers related to the certain type of goods or services marked by the trademark, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in the distribution channels. Article 3 The following materials can be used as evidence to prove that a trademark is well-known: (1) Relevant materials that prove the relevant public’s awareness of the trademark; (2) Relevant materials that prove the duration of use of the trademark, including the history of use and registration of the trademark and scope; (3) Relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including the methods of advertising and promotional activities, geographical scope, types of publicity media and the amount of advertising, etc. Materials; (4) Relevant materials proving that the trademark is protected as a well-known trademark, including relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions; (5) Other evidence materials proving that the trademark is well-known, Including the production, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main products using the trademark in the past three years. Article 4 If the party concerned believes that another person's trademark that has been preliminarily reviewed and announced violates the provisions of Article 13 of the Trademark Law, he may file an objection with the Trademark Office in accordance with the provisions of the Trademark Law and its implementing regulations, and submit relevant materials proving that his trademark is well-known. If a party believes that another person's registered trademark violates Article 13 of the Trademark Law, he or she may request the Trademark Review and Adjudication Board to cancel the registered trademark in accordance with the provisions of the Trademark Law and its Implementing Regulations, and submit relevant materials proving that the trademark is well-known. Article 5 In the course of trademark management, if a party believes that the trademark used by others falls under the circumstances stipulated in Article 13 of the Trademark Law and requests protection of its well-known trademark, it may file a request with the industrial and commercial administration department at or above the city (prefecture, state) level where the case occurs. Make a written request for prohibition of use and submit relevant materials proving that the trademark is well-known. At the same time, a copy shall be submitted to the provincial industrial and commercial administration department where it is located. Article 6 After receiving an application for the protection of a well-known trademark in the course of trademark management, the industrial and commercial administrative department shall examine whether the case falls within the following circumstances stipulated in Article 13 of the Trademark Law: (1) Others use the same or similar goods without authorization The use of a trademark that is identical or similar to a well-known trademark that the party has not registered in China is likely to cause confusion; (2) Others use a trademark that is identical or similar to a well-known trademark that the party has registered in China without authorization on different or dissimilar goods. , it is easy to mislead the public, causing the interests of the registrant of the well-known trademark to be harmed. For cases considered to fall under the above circumstances, the municipal (prefecture, state) industrial and commercial administrative department shall submit all case materials to the local provincial (autonomous region, municipality) industrial and commercial administrative department within fifteen working days from the date of accepting the party’s request. and issue a notice of case acceptance to the parties; the provincial (autonomous region, municipality) industrial and commercial administrative department shall submit all case materials to the Trademark Office within fifteen working days from the date of accepting the party's request. If the provincial industrial and commercial administration department where the parties are located believes that the case falls into the above situation, it may also submit it to the Trademark Office. Cases deemed not to fall under the above circumstances shall be handled promptly in accordance with the relevant provisions of the Trademark Law and the Implementing Regulations. Article 7 The provincial (autonomous region, municipality) administrative department for industry and commerce shall examine the case materials related to the protection of well-known trademarks submitted by the administrative department for industry and commerce of the city (prefecture, state) within its jurisdiction. For cases considered to fall under the circumstances of Paragraph 1 of Article 6 of these Provisions, the case shall be submitted to the Trademark Office within fifteen working days from the date of receipt of the case materials submitted by the industrial and commercial administrative department of the city (prefecture, state) within the jurisdiction. . For cases that are not considered to fall within the circumstances of Article 6, Paragraph 1 of these Provisions, the relevant materials shall be returned to the original agency that received the case, which shall promptly handle the case in accordance with the relevant provisions of the Trademark Law and the Implementing Regulations. Article 8 The Trademark Office shall make a determination within six months from the date of receipt of relevant case materials, and notify the industrial and commercial administrative department of the province (autonomous region, or municipality directly under the Central Government) where the case occurs, with a copy to the province (autonomous region) where the party is located. , municipalities directly under the Central Government) industrial and commercial administrative departments. In addition to relevant materials proving that the trademark is well-known, the Trademark Office shall return other case materials to the industrial and commercial administration department of the province (autonomous region, municipality directly under the Central Government) where the case occurs.

Article 9 If a trademark has not been recognized as a well-known trademark, within one year from the date of the recognition result, the party concerned shall not make another request for recognition with the same trademark based on the same facts and reasons. Article 10 When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider various factors stipulated in Article 14 of the Trademark Law, but this does not assume that the trademark must meet all the factors stipulated in this article. Article 11 When protecting well-known trademarks, the Trademark Office, Trademark Review and Adjudication Board and local industrial and commercial administration departments shall consider the distinctiveness and well-known degree of the trademark. Article 12 When a party requests protection of its trademark in accordance with Article 13 of the Trademark Law, it may provide records showing that the trademark has been protected as a well-known trademark by the relevant competent authorities in my country. If the protection scope of the case accepted is basically the same as that of a case that has been protected as a well-known trademark, and the other party has no objection to the trademark being well-known, or although it has objections, it cannot provide evidence that the trademark is not well-known, the case shall be accepted. The industrial and commercial administrative department may make a ruling or handle the case based on the conclusion of the protection record. If the case accepted has a different scope of protection than a case that has been protected as a well-known trademark, or the other party has objections to the trademark being well-known and provides evidence that the trademark is not well-known, the Trademark Office or the Trademark Review and Adjudication Board shall file the case. Well-known trademark materials will be re-examined and identified. Article 13 If a party believes that others have registered its well-known trademark as a business name, which may deceive the public or cause misunderstanding to the public, it may apply to the business name registration authority to cancel the business name registration. The business name registration authority shall follow the "Business Name Registration" "Registration Management Provisions". Article 14 The industrial and commercial administrative departments at all levels shall strengthen the protection of well-known trademarks, and shall promptly transfer cases suspected of counterfeiting trademark crimes to the relevant departments. Article 15 The industrial and commercial administrative department of the province (autonomous region, municipality directly under the Central Government) where the handling authority is located shall make a copy of the decision on the protection of a well-known trademark and submit it to the Trademark Office. Article 16 The industrial and commercial administrative departments at all levels must establish corresponding supervision mechanisms, formulate corresponding supervision and restriction measures, and strengthen supervision and inspection of the entire process of well-known trademark recognition. Relevant personnel involved in the recognition of well-known trademarks who abuse their power, practice favoritism, seek illegitimate benefits, and illegally handle matters related to the recognition of well-known trademarks shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 17 These regulations shall come into effect on June 1, 2003. The "Interim Provisions on the Recognition and Management of Well-known Trademarks" promulgated by the State Administration for Industry and Commerce on August 14, 1996 were abolished at the same time. Trademark Law Well-known Trademarks